GENERAL TERMS AND CONDITIONS
Julia Lippitsch Disclosure according to §5 ECG: Finkenbergweg 36, 6020 Innsbruck, Austria +43 699 11120362,
1. Scope
These General Terms and Conditions ("GTC") and the withdrawal rights and consequences for consumers regulated under Section 8 apply — unless expressly agreed otherwise — to contracts between the seller and the customer. This applies regardless of whether such contracts are concluded online via my website www.ju-li-kunst.at or offline. For legal transactions with entrepreneurs, the provisions in Section II also apply.
2. Acceptance of the GTC
The customer acknowledges and agrees to these GTC as soon as they place an order.
3. Contract Conclusion
The online shop at www.ju-li-kunst.at is intended solely for customers with a billing and delivery address in Austria, Germany, Italy, or Switzerland.
3.1 Offer / Deviations in Colors on the Website
The product presentation on the website does not constitute a legal offer. It is an invitation for the customer to submit an offer. The legal offer is made by the customer when placing the order. Minor color deviations of the products from the photos used on the website may occur due to technical reasons and do not constitute a legal defect.
3.2 Formation of the Contract
Julia Lippitsch decides at her discretion whether to accept an offer. In the event of rejection, the customer will be informed by email. After placing the order, an email will be sent to the customer confirming receipt of the order and listing its contents. This order confirmation does not constitute acceptance of the offer. Acceptance of the offer can be expressed either explicitly, e.g., by an acceptance declaration via email, or implicitly through the dispatch of the goods.
4. Website Access
4.1 The customer must be at least 18 years old and legally capable. By submitting the order form, the customer confirms the accuracy of their information, including their name, age, legal capacity, and address.
4.2 We do not guarantee uninterrupted website functionality. We are entitled to perform maintenance on the website, including outages or interruptions, at any time without prior notice. We are also not obligated to provide a specific server capacity, so overloads and longer response times should be expected.
5. Prices, Delivery, and Shipping Costs
5.1 The prices listed on the website are final consumer prices, including VAT.
5.2 Shipping costs are not included in the price and are charged additionally.
5.3 Book shipments are subject to the provisions of the Federal Act on Price Fixing for Books.
5.4 Errors in pricing are reserved. If the correct price is higher, the customer will be contacted. A contract is concluded in such a case only if the customer agrees to the higher price. If the correct price is lower, the lower price will be charged.
6. Payment Terms
Unless otherwise agreed in writing, our claims must be paid in full and without deduction before the ordered products are delivered. Payment for purchases on our website can be made by the following methods: advance invoice. For purchases in our store, the following payment methods are available: cash payment. The purchase price is due immediately upon acceptance of the offer. Therefore, if paying by credit card, the purchase price will be charged to the customer's credit card upon our acceptance of the offer.
7. Delivery
7.1 Delivery (posting by us) for online purchases will be made — if the goods are in stock and nothing else is noted on the website — within 4-5 working days after acceptance of the order by email or receipt of the order upon physical delivery. The choice of carrier is at our discretion, but without guarantee of the fastest or cheapest delivery.
7.2 The delivery period is extended by any circumstances beyond the parties’ control, such as force majeure, unforeseeable operational disruptions, official interventions, transport and customs delays, transport damage, the failure of essential manufacturing parts, and labor disputes, for the duration of the hindrance.
7.3 Delivery is made to the address provided by the customer. Any additional costs incurred due to the provision of an incorrect delivery address by the customer are to be borne by the customer.
8. Right of Withdrawal and Consequences for Consumers according to FAGG (6.1 to 6.8) or KSchG (6.9)
8.1 If the customer is a consumer within the meaning of the KSchG and has concluded the contract based on these GTC either as a distance contract or outside our business premises (and the amount to be paid in the latter case exceeds EUR 50), they may withdraw from it within the period mentioned in Section 8.2 without giving any reason. To withdraw, the customer must inform us of their decision to withdraw from the contract by a clear statement (e.g., a letter sent by post, fax, or email — see Section 1). Withdrawal is not bound to any specific form. However, please note that we must receive the withdrawal to be effective.
The customer can use the sample withdrawal form provided below.
WITHDRAWAL FORM / CANCELLATION FORM
To Julia Lippitsch Email:
I/we hereby withdraw from the contract concluded for the item ..............., which I/we ordered on ..... / received on .....
Refund to account IBAN ........... BIC ..........
Name(s) of consumer(s) .................. Address ..................................................................... Date Signature
8.2 The withdrawal period is as follows:
8.2.1 For purchase contracts and other contracts aimed at the paid acquisition of goods, the period is 14 days from the day the consumer or a third party designated by them, who is not the carrier, takes possession of the goods or the last partial shipment or the last delivered goods (§ 11 Abs 2 Z 2 lit a) to c) FAGG).
8.2.2 For contracts regarding the regular delivery of goods over a fixed period, the period is 14 days from the day the consumer or a third party designated by them, who is not the carrier, takes possession of the first delivered goods.
8.2.3 The withdrawal period under Sections 8.2.1 to 8.2.3 is observed if the withdrawal declaration is sent within the period. Please note, however, that the withdrawal must reach us to be effective (the risk in the case of postal or electronic transmission (fax, email) lies with you).
8.3 If we have not fulfilled our information obligation according to § 4 Abs 1 Z 8 FAGG, the withdrawal period under Section 8.2 is extended by twelve months. If we fulfill our information obligations within this period, the withdrawal period ends 14 days after the consumer receives this information.
8.4 If the consumer withdraws from the contract, we must refund all payments received from them, including delivery costs (excluding any additional costs resulting from the consumer choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than 14 days from the day we receive the notification of withdrawal from this contract. For this refund, we use the same payment method the consumer used for the original transaction, unless expressly agreed otherwise. In no case will the consumer incur any fees for this refund. In the case of purchase contracts or other contracts aimed at the paid acquisition of goods, we may refuse the refund until we either receive the goods back or the consumer provides proof of return, unless we have offered to collect the goods ourselves.
8.5 The consumer must return the goods immediately and in any case no later than 14 days from the day they notify us of the withdrawal from this contract. The period is observed if the consumer sends the goods before the 14-day period expires. The consumer bears the direct costs of returning the goods, unless we have informed them in advance of the obligation to bear the return costs. The consumer is only liable for any diminished value of the goods if this diminished value is due to handling the goods beyond what is necessary to establish their nature, characteristics, and functioning. However, the consumer is not liable for any diminished value of the goods if they have not been informed of their right of withdrawal.
8.6 If the consumer has requested that services begin during the withdrawal period, they must pay us a reasonable amount corresponding to the proportion of services already provided up to the time we are informed of the exercise of the right of withdrawal regarding this contract compared to the total scope of the services provided for in the contract.
8.7.1 If the agreed fee is less than EUR 50, the customer has the right to withdraw according to § 3 KSchG as follows: If the consumer has not made their contractual declaration in the premises permanently used by the entrepreneur for their business purposes or at a stand used by the entrepreneur at a fair or market, they may withdraw from their offer or contract. This withdrawal can be declared up to the conclusion of the contract or within 14 days thereafter. The period begins with the issuance of a document that includes at least the name and address of the entrepreneur, the information necessary to identify the contract, and information about the right of withdrawal, the withdrawal period, and the procedure for exercising the right of withdrawal, at the earliest, however, with the conclusion of the contract, in the case of purchase contracts for goods, from the day the consumer takes possession of the goods. If the issuance of such a document is omitted, the consumer has the right to withdraw for a period of twelve months and 14 days from the conclusion of the contract or delivery of the goods; if the entrepreneur issues the document within twelve months from the start of the period, the extended withdrawal period ends 14 days after the consumer receives
